INTRODUCTION AND BRIEF DESCRIPTION
Individuals acting in accordance with authorization or certain sections of the Criminal Code are not liable for any criminal or civil charges.
SECTION WORDING
188.2 No person who acts in accordance with an authorization or under section 184.1 or 184.4 or who aids, in good faith, a person who he or she believes on reasonable grounds is acting in accordance with an authorization or under one of those sections incurs any criminal or civil liability for anything reasonably done further to the authorization or to that section.
EXPLANATION
Section 188.2 of the Criminal Code of Canada is intended to safeguard individuals who act under an authorization or in accordance with Section 184.1 or 184.4. Such individuals are safeguarded from any criminal or civil liability, provided that they act in good faith and within the confines of the authorization or section referred. Section 184.1 provides that a judge may issue an authorization permitting the police to intercept private communications. Section 184.4 , on the other hand, enables a judge to issue an authorization allowing the police to install a tracking device while investigating serious offences. Essentially, Section 188.2 is a provision that safeguards those who act upon these authorizations. It ensures that individuals who operate under the given authorization or section cannot be held criminally or civilly liable for any actions taken further to the authorization or section's directives. However, it must be emphasized that a safeguard is only provided to individuals acting in good faith. Individuals who act outside the scope of the authorization or section, or who act in bad faith, will not be immune to criminal or civil charges. In conclusion, Section 188.2 of the Criminal Code of Canada provides immunity to individuals who act within the scope of authorizations or sections outlined in the Code, as long as they do so in good faith. This safeguard allows for the proper functioning of the criminal justice system in Canada while protecting those who operate within their given authority.
COMMENTARY
Section 188.2 of the Criminal Code of Canada provides important protection for individuals who are acting in accordance with an authorization or under one of the designated sections (184.1 or 184.4) of the Code. This provision is crucial in allowing individuals to carry out their duties without fear of criminal or civil liability for their actions. In essence, this section of the Code creates a legal defense for individuals who are acting in good faith and reasonably, within the scope of their authorization or under the designated sections of the Code. This means that if an individual is acting in accordance with an authorization or under section 184.1 or 184.4, they cannot be held criminally or civilly liable for any actions they take further to that authorization or section. The importance of this provision cannot be overstated. Law enforcement agencies and other authorized individuals often need to take actions that could be construed as illegal in order to fulfill their duties. Without the protection of section 188.2, these individuals would be at risk of criminal or civil liability for carrying out their authorized duties. For example, police officers who are conducting a search with a warrant under section 184.1 would be protected from criminal or civil liability for any actions they take in the course of that search. Similarly, individuals who are authorized to intercept private communications under section 184.4 would be protected from liability for any actions they take in the course of that interception. This protection is also important for individuals who may be assisting authorized individuals in carrying out their duties. Section 188.2 provides protection for those who are acting in good faith and reasonably, in the belief that they are aiding an authorized individual. It is also worth noting that section 188.2 does have limitations. It only applies if the individual is acting in accordance with their authorization or under one of the designated sections of the Code. If an individual is acting outside of these parameters, they may still be held liable for their actions. In conclusion, section 188.2 of the Criminal Code of Canada is an important provision that provides protection for individuals who are carrying out authorized duties. It allows these individuals to carry out their duties without fear of criminal or civil liability for their actions, provided that they are acting in good faith and reasonably within the scope of their authorization or one of the designated sections of the Code. This protection is crucial for ensuring that law enforcement and other authorized individuals can carry out their duties effectively and without undue legal risk.
STRATEGY
Section 188.2 of the Criminal Code of Canada provides legal protection to individuals and organizations who act in accordance with authorized surveillance activities. This section of the law is an important tool for law enforcement agencies to gather crucial information while minimizing the risk of legal liabilities. However, dealing with this section requires strategic considerations, some of which are outlined below. One of the key strategic considerations when dealing with section 188.2 is to ensure that the surveillance activities are conducted in accordance with applicable laws, regulations, and policies. To benefit from the legal protection provided by this section, law enforcement agencies must act within the bounds of the law and avoid any unauthorized or excessive surveillance activities. This requires careful planning and coordination among different stakeholders involved in the surveillance activities, including law enforcement officers, legal advisors, and government officials. Another important strategic consideration when dealing with section 188.2 is to ensure that any evidence obtained through surveillance activities is admissible in court. While this section provides legal protection to authorized surveillance activities, evidence obtained in violation of other laws or constitutional rights may not be admissible in court. Therefore, law enforcement agencies must ensure that their surveillance activities comply with the rules of evidence and are conducted in a manner that does not violate individual privacy rights. One strategy that could be employed when dealing with section 188.2 is to establish clear guidelines and procedures for authorization and oversight of surveillance activities. Such guidelines could include strict criteria for authorizing surveillance activities, procedures for maintaining the confidentiality and security of collected data, and mechanisms for reviewing and approving surveillance activities periodically. By establishing clear guidelines and procedures, law enforcement agencies can ensure that surveillance activities are conducted in a transparent and accountable manner, which enhances public trust and confidence. Another strategy that could be employed when using section 188.2 is to invest in training and capacity building for law enforcement officers and other stakeholders involved in surveillance activities. By providing adequate training on the legal and ethical aspects of surveillance activities, law enforcement agencies can ensure that their officers are well-equipped to conduct surveillance activities in a lawful and ethical manner. This can also help to minimize the risk of unintended consequences or legal liabilities that may arise from unauthorized or excessive surveillance activities. To conclude, section 188.2 of the Criminal Code of Canada provides legal protection to individuals and organizations who conduct surveillance activities in accordance with authorized procedures. However, dealing with this section requires strategic considerations such as compliance with the law, admissibility of evidence, clear guidelines and procedures, and adequate training and capacity building. By implementing these strategies, law enforcement agencies can conduct surveillance activities in a manner that enhances public safety while respecting individual privacy rights and minimizing legal liabilities.